근로기준법위반등
A defendant shall be punished by imprisonment for four months and a fine for 500,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
[Criminal Power] On October 18, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act at the Cheongju District Court, etc., and the said judgment became final and conclusive on July 6, 2019.
【Criminal Facts】
The defendant is a person who operates the (State)C, which is a manufacturer of motor vehicle parts, in the petition-gu B in the Chungcheongbuk-si.
1. The Defendant in violation of the Labor Standards Act did not pay wages of 16,296,530 won within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties concerned during the above period of the victim D who worked at the above company from August 11, 2015 to November 20, 2017.
2. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 5,535,92 of the victim D’s retirement pay at the time and place specified in paragraph (1) within 14 days from the date of retirement without any agreement between the parties on extension of the due date.
3. In concluding a labor contract with D on August 11, 2015, the Defendant violated the Labor Standards Act (violation of the duty to specify the working conditions) and did not issue a document specifying matters concerning the composition of wages, items, calculation method, payment method and contractual work hours, holidays and annual paid leave, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of the average wage and retirement allowance calculation certificate, business registration certificate, and statutes;
1. Articles 109(1), 36, and 114 Subparag. 1 and 17 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) regarding criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor (violation of the Labor Standards Act due to non-payment of wages);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 3 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 of the Criminal Act: